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Texas Laws | Natural Resources Code
NATURAL RESOURCES CODE
TITLE 11. MISCELLANEOUS USES OF NATURAL RESOURCES

(1) pay the amount of the penalty; (14844)

(2) pay the amount of the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty; or (14845)

(3) without paying the amount of the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. (14846)

(k) Within the 30-day period, a person who acts under Subsection (j)(3) of this section may: (14847)

(1) stay enforcement of the penalty by: (14848)

(A) paying the amount of the penalty to the court for placement in an escrow account; or (14849)

(B) giving to the court a supersedeas bond approved by the court for the amount of the penalty and that is effective until all judicial review of the board's order is final; or (14850)

(2) request the court to stay enforcement of the penalty by: (14851)

(A) filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the amount of the penalty and is financially unable to give the supersedeas bond; and (14852)

(B) giving a copy of the affidavit to the executive director by certified mail. (14853)

(l) If the commission receives a copy of an affidavit under Subsection (k)(2) of this section, the commission may file with the court, within five days after the date the copy is received, a contest to the affidavit. The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. The person who files an affidavit has the burden of proving that the person is financially unable to pay the amount of the penalty and to give a supersedeas bond. (14854)

(m) If the person does not pay the amount of the penalty and the enforcement of the penalty is not stayed, the commission may refer the matter to the attorney general for collection of the amount of the penalty. (14855)

(n) Judicial review of the order of the commission: (14856)

(1) is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and (14857)

(2) is under the substantial evidence rule. (14858)

(o) If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty. If the court does not sustain the occurrence of the violation, the court shall order that no penalty is owed. (14859)

(p) When the judgment of the court becomes final, the court shall proceed under this subsection. If the person paid the amount of the penalty and if that amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person. The rate of the interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and the interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted. If the person gave a supersedeas bond and if the amount of the penalty is not upheld by the court, the court shall order the release of the bond. If the person gave a supersedeas bond and if the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the amount. (14860)

(q) A penalty collected under this section shall be remitted to the comptroller for the deposit to the credit of the oil-field cleanup fund. (14861)

(r) All proceedings under this section are subject to Chapter 2001, Government Code. (14862)

Added by Acts 1993, 73rd Leg., ch. 949, Sec. 1, eff. Jan. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), (53), (59), eff. Sept. 1, 1995. (14863)

Sec. 211.034. NOTICES OF NONCOMPLIANCE. (14864)(Text)

In addition to other authority specifically granted to the commission under this chapter, the commission may enforce this chapter or any rule adopted or order or permit issued under this chapter as provided by Section 91.207 of this code. (14865)

Added by Acts 1993, 73rd Leg., ch. 949, Sec. 1, eff. Jan. 1, 1994. (14866)

TITLE 12. WETLANDS (14867)(Text)

CHAPTER 221. WETLAND MITIGATION (14868)(Text)

Sec. 221.001. DEFINITIONS. (14869)(Text)

In this chapter: (14870)

(1) "Buffer zone" means a strip of land adjoining a wetland mitigation bank to protect the wetland habitat and wildlife within the bank from the impact of an activity outside the zone. The term includes a strip of land composed primarily of water or a strip of land that includes a fence, wall, or screen of vegetation. (14871)

(2) "Eligible political subdivision" means: (14872)

(A) a county with a population of 3.3 million or more or a county adjacent to such a county; or (14873)

(B) a conservation and reclamation district: (14874)

(i) that is established under Section 59, Article XVI, Texas Constitution; (14875)

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